20 86.—(1) Confiscation of articles bearing the mark acknowledged to be infringing may be ordered. (2) The confiscated articles shall be handed to the owner of the mark, without prejudice to damages, posting or publication of the decision. 87.—(1) The beneficiary of a registered license may, by registered mail with acknowledgment of receipt, require the owner of the mark to institute proceedings with regard to any infringement of the mark that he has notified to him. (2) If the owner of the mark refuses or fails to institute such proceedings within three months of notification, the licensee may act in his own name where not otherwise stipulated in the contract. Title III Provisions on Industrial Designs Section 1 General Provisions 88. Industrial designs shall enjoy protection under this Ordinance on condition that the prescribed formalities are completed and without prejudice to rights deriving from other statutory or regulatory provisions. 89. Any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, shall be deemed to be an industrial design. Such composition or form shall be required to give a special appearance to a product of industry or handicraft and be able to serve as a pattern for a product of industry or handicraft. 90.—(1) The protection afforded by this Ordinance shall be available only to those industrial designs that differ from other similar designs either by their distinct and recognizable configuration that affords them a novel nature or by one or more superficial effects that give them an individual new appearance. (2) If those elements that constitute the novelty of the design are inseparable from those that serve solely to obtain a technical result capable of leading to an invention that is patentable in itself, the design concerned may not enjoy the protection afforded by this Ordinance. (3) All industrial designs contrary to public policy or morality shall be excluded from the protection afforded by this Ordinance. 91.—(1) A regular application for registration of an industrial design shall raise a presumption that the design was original and new at the time of the application. (2) Notwithstanding paragraph (1), publicity given to a design on the national territory during the six months preceding filing of the application, by means of offering for sale or any other means, shall not cause either the priority right or the special protection afforded by this Ordinance to lapse. (3) An industrial design shall not be deemed to be new solely because it comprises differences of secondary importance in relation to earlier designs or because it applies to goods of a type that differ from such designs.